Judge denies emergency motion in Bandidos racketeering trial

A federal jury is deliberating for the second day in the racketeering trial of Jeff Pike, the former national president of the Bandidos Motorcycle Club.

A federal jury is deliberating for the second day in the racketeering trial of Jeff Pike, the former national president of the Bandidos Motorcycle Club.

Photo: Bob Owen /San Antonio Express-News

Photo: Bob Owen /San Antonio Express-News

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A federal jury is deliberating for the second day in the racketeering trial of Jeff Pike, the former national president of the Bandidos Motorcycle Club.

A federal jury is deliberating for the second day in the racketeering trial of Jeff Pike, the former national president of the Bandidos Motorcycle Club.

Photo: Bob Owen /San Antonio Express-News

Judge denies emergency motion in Bandidos racketeering trial

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A federal jury deliberated eight more hours Wednesday in the racketeering trial of the Bandidos’ two top former leaders without reaching a verdict, as lawyers for one of the defendants filed an emergency motion asking the judge to instruct jurors that a partial verdict would be acceptable if they can’t reach a unanimous verdict on all 13 counts.

Dick DeGuerin, the lead lawyer for the Bandidos’ former national president, Jeffrey Fay Pike, raised the motion Wednesday morning, during the second day of deliberations, and it was discussed in open court outside the presence of jurors.

DeGuerin said he objected to Senior U.S. District Judge David Ezra telling the jurors, after closing arguments late Monday, that they might start with the first count and go in order. DeGuerin noted he should have raised the objection at the time, not two days later.

Count 1 charges Pike, 62 and his former vice president, John Xavier Portillo, 58, with engaging in the Bandidos’ racketeering conspiracy. It includes a list of overt acts reportedly committed by members of the biker club — including assault, extortion, robbery, drug dealing and murder.

“I didn’t order them to do it. I suggested it to them so they (are) not … bouncing around,” the judge said, adding that bouncing around might confuse the jurors. “In any event, it’s too late. They’ve been deliberating for a day and a half. It’s grossly untimely.”

The judge denied the motion.

“Here is the reason: It’s not because I don’t think it might not be appropriate,” Ezra said. “We haven’t received any indication, or a question or any word, that they’ve had any problems. We don’t know where they are on their deliberations. They could have well reached a unanimous verdict or a tentative verdict. We don’t know.”

The judge said he may take the motion up again if jurors give any indication that they are stuck on some of the charges.

Besides racketeering conspiracy, Pike, of Conroe, and Portillo, of San Antonio, are also charged with murder and use of a firearm in the aid of racketeering murder in the 2006 shooting of purported Hells Angels member Anthony Benesh. Ex-Bandidos members testified they killed Benesh under orders from Pike.

The two ex-leaders also are charged with passing down orders for a “war” against the Cossacks Motorcycle Club, who had been wearing patches on their vests saying “Texas.”

Among the actions alleged were the claw-hammer beating of a Cossack who also was stripped of his biker vest west of Fort Worth in March 2015, the beatings of Cossacks members at a bar in Port Aransas in August 2015 and an unsuccessful attempt to find Cossacks in Crystal City, also in fall 2015, according to testimony and evidence presented at the trial.

The ex-Bandidos leaders are also accused of ordering Bandidos to go to Odessa as a show of force against the Cossacks in April 2015. Law officers said more than 200 Bandidos showed up, though police had warned Cossacks in advance to leave the area and no confrontation ensued.

Portillo is also charged with murder in the January 2002 shooting death of Robert Lara, a street gang member who had reportedly killed a Bandidos member months earlier. Portillo is also charged with being a felon in possession of a gun and possession of cocaine with intent to distribute.